U s military actions

Today the U.S. Department of Education (the “Department”) published proposed regulations (the “Proposed Rule”) regarding state authorization of postsecondary distance education and foreign locations of domestic institutions. The Proposed Rule also includes a number of new related disclosure requirements. View a copy of the Proposed Rule.The Proposed Rule establishes a 30-day notice and comment period, with comments due on or before August 24, 2016. Following the comment period, the Department must publish its final regulations by November 1, 2016 in order to take effect on July 1, 2017. This alert provides a high-level summary of the various components of the Proposed Rule, which remains subject to our continued review.State Authorization of Distance EducationThe Proposed Rule would require that an institution participating in the Title IV federal student aid programs and offering postsecondary education through distance education or correspondence courses … [Read more...] about U.S. Department of Education Issues Proposed State Authorization Regulations

On December 19, 2016, the U.S. Department of Education (the “Department”) published final regulations (the “Final Rule”) regarding State authorization of postsecondary distance education as well as foreign locations of domestic institutions. The Final Rule also establishes numerous new disclosure requirements for distance education programs, including those offered by institutions participating in State authorization reciprocity agreements. The Final Rule, as published in the Federal Register and having an effective date of July 1, 2018, may be viewed here.Below is a summary of the Final Rule’s various components, which remain subject to our continued review.State Authorization of Distance EducationThe Final Rule amends the Department’s regulations at 34 CFR § 600.9 to require institutions participating in the Title IV federal student aid programs, and offering postsecondary education through online distance or correspondence … [Read more...] about U.S. Department of Education Promulgates New Regulations for Distance Education Programs and Foreign Locations of U.S. Institutions

On Friday, 20 January, Donald J. Trump was sworn in as the 45th President of the United States of America. In his remarks, President Trump stated:“Every decision on trade, on taxes, on immigration, on foreign affairs, will be made to benefit American workers and American families.”He added:“We will follow two simple rules: Buy American and Hire American.”Congress confirmed two of President Trump’s Cabinet officials later that day – the Secretary of Defense and Secretary of Homeland Security. New Commander-in-Chief – President Trump’s Defense & Foreign Policy PrioritiesPresident Trump plans to work to lift the caps on defense spending, rebuild the military, and expand missile defenses, according to a policy paper released on the new White House website last Friday. The defense policy paper states that the President “will end the defense sequester and submit a new budget to Congress outlining a plan to rebuild our … [Read more...] about President Trump Settles into White House; U.S. Senate Confirmed Gen. Mattis as Next Secretary of Defense

Terrorist Attacks – Paris and BeirutLast Friday evening, President Barack Obama addressed the nation as the press reported numerous fatalities and injuries resulting from coordinated terrorist attacks at multiple locations in Paris, France. The President immediately offered U.S. assistance to France and said the attacks were “an attack on all of humanity and the universal values that we share.” In coordination with U.S. forces, France reportedly led an air strike late Sunday against ISIL targets in the Syrian city of Raqqa.Meanwhile, a Thursday bombing in Beirut, Lebanon, killed at least 41 people and wounded dozens more. ISIL claimed responsibility for the attack. The White House condemned the “horrific terrorist” attack and said the U.S. remains committed to supporting the institutions of the Lebanese state.Presidential Trip AbroadPresident Obama departed Washington on Saturday for a nine-day trip including multiple … [Read more...] about U.S. Condemns Recent Terrorist Attacks Abroad; President Obama Travels to Turkey and the Asia-Pacific Region; ISIL Attacks Dominate the G-20 Summit

Recently, there was an interesting article in the The New York Times discussing the current state of military trademarks. Many people might think that federal and state government entities and agencies cannot, do not, or should not own exclusive rights in trademarks used in connection with commercialized products and services. However, unless there is a statutory prohibition against ownership of trademark rights in government insignia (as there are for certain government seals ),government entities have just as much right to own trademarks as does any private citizen.In past decades, the U.S. military did not enjoy the popularity and feelings of patriotism that surfaced following 9/11. Thus, it is not surprising that during that era very few military related trademarks were registered at the U.S. Trademark Office. Now that the longest war in U.S. history is winding down, and veterans are welcomed home with honor, there has been no hesitation by … [Read more...] about A Few Good Trademarks: The U.S. Military’s Trademark Campaign – OOHRAH!

Indonesia – Washington VisitThis afternoon, President Barack Obama will welcome President Joko Widodo of Indonesia to the White House. President Widodo is making his first visit to the United States since becoming President of Indonesia. President Obama and President Widodo are expected to discuss plans to expand existing areas of bilateral cooperation, including in defense, trade and investment, climate and energy, as well ways to pursue new growth areas for the partnership, such as maritime cooperation.Syrian and Iraqi CrisesThe Department of Defense announced last Tuesday that the United States and Russia had signed a Memorandum of Understanding that includes steps pilots from each country should take to avoid unintended clashes in the air above Syria. Department Spokesman Peter Cook also confirmed that the two sides will form a working group to discuss any future implementation issues.American and Kurdish forces raided an Islamic State prison in Iraq last Thursday, freeing … [Read more...] about President Obama Hosts Indonesian President; Congress Scrutinizes The U.S. Middle East Policy; House Vote Ahead On Reauthorization Of The U.S. Ex-Im Bank

In its two decisions in Ralls Corporation v. Committee on Foreign Investment in the United States, the U.S. District Court for the District of Columbia became the first court in the nation to address (1) the breadth of the President’s remedial powers under section 721 of the Defense Production Act of 1950, as amended (Exon-Florio), and (2) whether judicial review is available for an order by the President under that law requiring a foreign person to divest a U.S. business. Together, the two decisions stand for the propositions that the President has very broad remedial powers under Exon-Florio that are largely unreviewable by the courts.This client alert summarizes the key components of the two Ralls decisions. The full text of the court’s decisions are available here1 and here.2Exon-Florio ProcessUnder Exon-Florio and its implementing regulations, the power to review the national security effects of any particular foreign investment … [Read more...] about Federal Court Affirms Broad, Largely Unreviewable Presidential Powers to Force Divestment of Foreign Investments in U.S. Businesses

As the U.S. ushers in a new president and a new administration, businesses across the globe are preparing for a number of anticipated changes, challenges and opportunities.We offer comprehensive perspectives regarding the potential impact of the U.S. presidential election on business interests in the following areas:General Election OverviewCorporateCybersecurityInsuranceIntellectual PropertyLabor and EmploymentLitigationSupreme CourtTradeGeneral Election OverviewThe 2016 elections produced a seismic quake that hit Washington, D.C. with the surprise election of Donald Trump as president and the near Republican sweep of contested U.S. Senate elections ushering in a new political order that could herald significant and sweeping policy changes. Not only were the results a surprise but the country has never seen such an unconventional candidate as Donald Trump in the White House.President Trump is neither a Republican nor Democrat in the traditional sense, making it difficult to predict … [Read more...] about U.S. Elections Implications for International Business

The chairman of a House subcommittee that helps shape the nation’s nuclear arsenal, Rep. Mike Turner (R-Ohio), has been scathing about the Obama administration’s consideration of new cuts in the arsenal’s size. A shift in U.S. targeting policy, now under White House review, “could border on disarmament and significantly diminish U.S. strength,” Turner complained in March. “Clearly, any further reductions will undermine the deterrent that has kept this country safe.”Turner’s view has strong currency with Republicans in the House, and among some senior military officers at the Pentagon. But it got some politically interesting pushback this week from a former senior military officer, retired Marine Gen. James E. “Hoss” Cartwright. As head of the U.S. Strategic Command under President George W. Bush from 2004 to 2007, he oversaw the nuclear targeting plan and thousands of warheads atop missiles and … [Read more...] about Former U.S. Nuclear Commander Startles with Proposal to Cut Weapons Arsenal by 80%

For decades, politics in most of the Middle East has been frozen like a fossil in amber. Monarchies and pseudo-republics denied their people meaningful participation and representation. Aging presidents-for-life clung to power, grooming sons to replace them. Well-connected elites amassed wealth while burgeoning young populations struggled to find jobs.The amber has shattered. Mideast dictators have fallen to people power, not U.S.-led regime change. Now the critical question is who will replace these leaders?The end of this era could be a net-positive for the United States if more democratic governments take hold. In the short term, though, these developments bring with them potential threats to U.S. interests: safeguarding oil supplies, protecting Israel, fighting terrorism and containing the current Iranian regime. The biggest impact may be regional dynamics that curb Israel from attacking foes in Gaza, Lebanon and Iran.With the proviso that this fateful year in the Middle East is … [Read more...] about ANALYSIS — U.S. Interests at Risk in Six Mideast Nations